First Natl. Bk. of Moscow, Pa. v. Kendrew, 30-1932
| Court | Superior Court of Pennsylvania |
| Writing for the Court | Gawthrop, J. |
| Citation | 105 Pa.Super. 142,160 A. 227 |
| Parties | First Natl. Bk. of Moscow, Pa. v. Kendrew et al |
| Docket Number | 30-1932,31-1932 |
| Decision Date | 04 May 1932 |
160 A. 227
105 Pa.Super. 142
First Natl. Bk. of Moscow, Pa.
v.
Kendrew et al
No. 30-1932, 31-1932
Superior Court of Pennsylvania
May 4, 1932
Argued: March 8, 1932
Appeals by Homer M. Hartford, Executor of the Estate of F. L. Hartford, deceased from orders of C. P., Wayne County, June T., 1928, Nos. 278 and 279, in the case of First National Bank of Moscow, Pa., v. Ellen Kendrew, Arthur Kendrew, W. T. Kendrew, F. L. Hartford, Chester A. Brown.
Rules to strike off judgments. Before Searle, P. J.
The facts are stated in the opinion of the Superior Court.
The court dismissed the rules. Homer M. Hartford, Executor of the Estate of F. L. Hartford, deceased, appealed.
Errors assigned, among others, were the orders of the court.
Reversed.
L. D. Savige, for appellant.
M. E. Simons of Simons & Bodie, for appellee.
Before Trexler, P. J., Keller, Gawthrop, Cunningham, Baldrige, Stadtfeld and Parker, JJ.
OPINION [160 A. 228]
[105 Pa.Super. 143] Gawthrop, J.
Ellen Kendrew and Arthur Kendrew made and delivered to the First National Bank of Moscow, Pa., two joint and several promissory notes, one for $ 1,600 and the other for $ 700, dated respectively April 4, 1927, and April 21, 1927, payable at said bank and each carrying on its face a confession of judgment. On the back of each note was the following endorsement:
"For value received, I, or we, hereby guarantee the payment of the within note at maturity, to the First National Bank of Moscow, Pa., or bearer, and I, or we, hereby confess judgment for the same with the same right to collect from me or us as the holder hereof would have against the maker or makers [105 Pa.Super. 144] thereof, waiving the stay, exemption and inquisition laws of Pennsylvania, dated . . . . 19 . . . .
W. T. Kendrew (seal)
F. L. Hartford (seal)
Chester A. Brown. (seal)"
Payment of the notes not being made at maturity plaintiff filed the notes with the prothonotary of the court below on September 26, 1928, with instructions to enter judgment against the makers and the endorsers, and that officer entered a single joint judgment on each note in favor of plaintiff and against both the makers and the endorsers. March 7, 1931, appellant, executor of F. L. Hartford, deceased, who was one of the endorsers, asked to have the judgments as to his decedent stricken off, averring, inter alia, that they were void on their face, because they were entered jointly against both makers and...
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...authority never became a part of American common law. See D. v. D., 2 Terry 263, 41 Del. 263, 20 A.2d 139; Eisenberg v. Eisenberg, 105 Pa.Super. 142, 160 A. 228, 229; Urbach v. Urbach, 52 Wyo. 207, 73 P.2d 953, 113 A.L.R. 889, for historical discussions of this phase of the law. To fill the......
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Young v. Colorado Nat. Bank of Denver, No. 19315
...authority never became a part of American common law. See D. v. D., 2 Terry 263, 41 Del. 263, 20 A.2d 139; Eisenberg v. Eisenberg, 105 Pa.Super. 142, 160 A. 228, 229; Urbach v. Urbach, 52 Wyo. 207, 73 P.2d 953, 113 A.L.R. 889, for historical discussions of this phase of the law. To fill the......
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Peoples Nat. Bank of Reynoldsville v. D. & M. Coal Co.
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